IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

BEFORE      Hon’ble Thiru Dr. Justice S.TAMILVANAN         PRESIDENT

                     Thiru.K.BASKARAN                                JUDICIAL  MEMBER

                     Tmt.Dr.S.M.LATHA MAHESWARI                               MEMBER 

CC.NO. 98/2014

WEDNESDAY, THE  14^th   DAY OF  AUGUST 2019

V.Balasundar Raj,

S/o Mr.Venkatachallam,

No.26, Chavadi Palayam,

T.R.Palayam, Kangeyam,

Tirupur District,

Tamil Nadu 638 701                                          ..complainant

                                           Vs

1. The Director,

Shree Mookambika Institute of Medical Sciences

Kulasekharam

Kanyakumari District

Tamilnadu 629 161

2. The Tamilnadu Dr.MGR Medical University,

Represented by the controller of Examination,

No – 69, Anna Salai, Guindy,

Chennai – 600 032                                      ..opposite parties

Counsel for complainant               : M/s Achari and Antoni Association

Counsel for 1^st opposite party         : M/s M.Karunanidhi

2^nd opposite party                         : Exparte

          This complaint came up before us for hearing finally on 26.7.2019, upon  hearing both side arguments and perusing the records, this commission made the following order :-

By Hon’ble Dr. Justice S.TAMILVANAN  PRESIDENT

 The brief facts of case of the complainant are as follows:-

The complainant joined his MBBS course, in the first opposite party college during September 2006 and did his course, by availing educational loan from state bank of Mysore, approved by the bank vide letter dated 13.9.2008. The complainant completed his course in August 2011. He has been granted his provisional registration certificate issued by the Tamil Nadu Medical Council for the period between 26-9-2011 and 25-9-2012. During the said period he had to undergo Compulsory Rotating Resident Internship, shortly termed as CRRI as has been approved in the provisional registration certificate in the first opposite party institution.

Since the complainant’s father fell ill, due to Ankolysing Spondylitis and hypertension and was taking treatment in Vellore, from 31.10.2011 onwards and his aged mother also suffered from left upper limb ischemia and left subclavian artery inclusion, they were undergoing regular treatments at Vellore, the complainant having left with no other person to take care of his aged parents applied for transfer of CRRI from the first opposite party through the 2^nd opposite party to the Christian Medical College, Vellore. The Christian Medical College (CMC), Vellore has given its no objection to continue the remaining period of CRRI internship in their college. However the first opposite party rejected the request of the complainant   After the rejection of the request of the complainant by the first opposite party the Tamil Nadu Dr.M.G.R.Medical University vide letter dated 23.2.2012 asked certain particulars for seeking the transfer. However there was no further progress thereon, the complainant having no other option was forced to file Writ petition in W.P.7221 of 2012,  seeking an order to direct the Tamil Nadu Dr.M.G.R Medical University to permit the petitioner to do his internship for the remaining period in CMC, Vellore  by quashing the order of the 1^st opposite party. The above writ petition was allowed on 18.7.2012 with a direction to the first opposite party to issue no objection certificate on payment of Rs.75,000/- as demanded by the 1^st opposite party in its counter and further directions were given for internship. The 1^st opposite party preferred writ appeal in W.A. No. 2547 of 2012, however the writ appeal was dismissed by the Hon’ble High Court, confirming the order passed by the learned single Judge.

As per the Judgment passed in the writ appeal, the complainant herein was directed to pay a balance fee of Rs.75,000/- within 10 days from the date of the judgment and the first opposite party herein was directed to issue  “No objection certificate” and all other certificates as per his entitlement within one week thereafter. Pursuant to the judgment of the Highcourt in the writ appeal, the entire amount Rs.75,000/- was paid by the complainant  by way of  Demand Draft and further he paid Rs. 12,000/-, Rs.15,000/- and Rs.3000/- as requested by the first opposite party. However the first opposite party caused delay wantonly, hence contempt petition was also filed.  Then the first opposite party issued Transfer Certificate and course completion certificate with the improper entry stating that the conduct and character of the student ‘not satisfactory’. Thus the first opposite party has wasted two years life time of the complainant and also caused mental agony and suffering.

According to the complainant, the first opposite party has spoiled the entire life of the complainant, since he had filed writ petition against the first opposite party and got orders. On the aforesaid facts and circumstances, the complainant praying to direct the 1^st opposite party to pay Rs.30,00,000/- as compensation for the mental agony, loss and suffering caused  to the complainant and also directing the 2^nd opposite party to pay Rs.2,00,000/- as compensation for mental agony and to pay costs of this complaint and such other further reliefs which may deem fit and proper under the circumstances of the case in the interest of justice.

2.The brief facts of the written version filed by the 1^st opposite party :

          The complaint is not maintainable. There is no deficiency in service as alleged by the complainant. The  complainant filed Writ petition in W.P.No. 7221 of 2012 before the Hon’ble High court of Madras seeking to quash the letter of the 1^st opposite party dated 23.2.2012, refusing permission for Compulsory Rotating Residential Internship (CRRI) and he further sought for other reliefs.

3.     The Hon’ble High Court by order dated 18.7.2012 declined to set-aside the impugned order. However the Hon’ble court directed  the 1^st opposite party to issue, ‘No objection certificate’ to the complainant on his paying Rs.75000/- to the 1^st opposite party, as agreed by him before the High Court.

4.        Aggrieved by the said order of the learned single Judge,  the 1^st opposite party filed Writ Appeal in WA.No. 2547 of 2012, which came up before the Division Bench of the Hon’ble High Court. The Hon’ble Division Bench,  after referring to Medical Council of India regulations held at paragraph 13, that transfer of internship from one college to another college is not automatic, but ‘No objection certificate’ could be issued only on genuine grounds. The Hon’ble Division Bench directed the complainant to pay the balance fee of Rs.75,000/- and on such payment it directed the 1^st opposite party to issue the NOC and all other certificates as per his entitlement.

 In this consumer complaint, the 2^nd opposite party was called absent and set Exparte.

5.    Based on the pleadings of both parties the following points for determination are framed :-

1. Whether the complainant has established deficiency of service and unfair trade practice against the opposite parties so as to claim compensation?
2.  What relief the complainant is entitled to?

Point no.1 :-

6. It is an admitted fact that the complainant herein had joined MBBS course in Shree Mookambigai Institute of Medical Sciences, the first opposite party college during September 2006. The complainant has stated that he did his course by availing educational loan from State Bank of Mysore, approved by the bank vide letter dated 13.09.2008 and he completed his course in August 2011 and they granted approval registration certificate, issued by the Tamil Nadu Medical Council for the period from 26.09.2011 to 25.09.2012. During the said period the complainant had to undergo Compulsory Rotary Resident Internship in short known as CRRI as has been approved in the provisional registration certificate given by the first opposite party institution.

7. A copy of the provisional registration certificate dated 26.09.2011 has been marked as Ex.A1. According to the complainant he underwent his CRRI in the first opposite party institution from 26.09.2011 to 25.01.2012 for four months. Since his father fell ill due to Ankolysing Spondylitis and hypertension and was taking treatment in Vellore from 31-10-2011 onwards and his mother wasalso suffering from left upper limb ischemia and left subclavian artery inclusion, and she was undergoing regular treatments at Vellore, he was in need of Transfer to Vellore. According to the complainant, he had no other person to take care of his aged parents, hence he applied for transfer of CRRI to the second opposite party to get transfer from the first opposite party college to Christian Medical College(CMC) Vellore. The no objection certificate (NOC) issued by Christian Medical College(CMC) Vellore dated 21.10.2011 has been marked as Ex.A.2. However the first opposite party rejected the request made by the complainant by letter dated 23.02.2012 marked as Ex.A 4. In the said letter the 1^st opposite party has simply stated that the request for transfer of the complaint to vellore is not feasible.

8. It is not in dispute that the first and second opposite parties should act only as per the guidelines of the Medical Council of India. According to the complainant without considering the genuine request made by the complainant, the same was rejected only by the first opposite party. Hence he filed writ petition before the Hon’ble High Court in W.P. 7221 of 2012, seeking for a direction to the Tamil Nadu Dr.M.G.R. Medical University to permit the petitioner to do his internship for the remaining period, in CMC, Vellore by quashing the order of the first opposite party. The above writ petition was allowed on 18.07.2012 and the copy of the order is marked as Ex.A.7. As against the order the first opposite party preferred writ appeal in W.A.2547 of 2012 and the writ appeal was dismissed on 31.01.2013. A copy of the order passed in the writ appeal has been marked as Ex.A8. As per the order passed by the Division Bench of the Hon'ble High Court, it is clear that the complainant was directed to pay a sum of Rs.75,000/- to the first opposite party and the first opposite party was directed to issue No Objection Certificate to the complainant with other certificates as per the entitlement of the complainant. The operative portion of the judgement, rendered by the Division Bench of the Hon'ble High Court, in the Writ appeal reads as follows: ‘we don’t find any reasons warranting interference with the order of the learned single Judge and the appeal is liable to be dismissed’.

    

9. As per the judgment of the High Court in the writ Appeal, while dismissing the writ appeal, the complainant was directed to pay Rs.75,000/- as balance fees to the first opposite party within 10 days from the date of the judgment and the first opposite party, the appellant therein was directed to issue “No Objection Certificate” and all other certificates as per his entitlement within a week thereafter.

    

10.  It is not in dispute that the complainant paid the amount as directed in the writ appeal by the Hon'ble High Court. However after receiving the said amount, it is seen that the first opposite party caused delay and issued Transfer Certificate and also course completion certificate stating that the student’s conduct and character  ‘not satisfactory’. The complainant has submitted that the first opposite party has wasted two years of the life of the complainant and also spoiled his future, merely because he had approached the Hon’ble High Court for Judicial redressal, by filing the writ petition.

     

11. In the written version as well as in the written argument, the first opposite party has not disputed that the Transfer Certificate and the Course Completion Certificates were issued by the first opposite party to the complainant with the entry stating that the conduct and character of the student was ‘not satisfactory’. During the course of the argument the Learned Counsel of the first opposite party submitted that the conduct of the student had to be assessed only by the college authority, the first opposite party herein and accordingly the complainant’s conduct and character has been stated ‘not satisfactory’. However, we are not happy with the argument advanced on the side of the 1^st opposite party, considering the facts and circumstances of the case.

     

12.  The scope of the consumer complaint is limited, in view of the judgment rendered by the Hon’ble High Court in Writ Appeal No. 2547/2012. In the writ appeal, the Hon’ble High Court has categorically held that there was no reason warranting interference with the order passed by the learned single Judge. Accordingly, the writ appeal preferred by the 1^st opposite party herein was dismissed. In view of the judgment passed in the writ appeal, which has reached its finality, the complainant had to pay Rs.75,000/- within 10 days from the date of the judgment and thereafter within a week, the 1^st opposite party herein should issue, “No Objection certificate” and all other certificates for which the complainant was entitled.

     

13. The complainant accordingly paid Rs.75,000/- by way of demand draft to the 1^st opposite party. it is also not in dispute that the complainant further paid Rs.12,000/-, Rs.15,000/- and Rs.3000/- as demanded by the 1^st opposite party, for which supporting documents were also produced by the complainant which are marked as Ex.A.18 to A.20.

     

14. The 1^st opposite party had received the amount of Rs.75,000/- from the complainant as directed by the Hon’ble High Court in the Writ Appeal. Hence the 1^st opposite party was with the responsibility to issue, “No Objection certificates and all other certificates” for which the complainant was entitled as per the judgment of the High Court. Though the 1^st opposite party issued, “No Objection Certificate” strangely issue the Transfer certificate and course completion certificate to the complainant with unreasonable and unsustainable entry stating that the student’s conduct and character, “Not Satisfactory”.

     

15. As argued by the learned counsel for the complainant, the improper and unreasonable entry has been made by the 1^st opposite party merely because the complainant had filed writ petition before the Hon’ble High Court seeking judicial redressal for his legitimate grievance. In fact both the writ petition and the writ appeal were decided in favour of the complainant. Pursuant to the judgment in the writ appeal, after receiving the amount from the complainant, the 1^st opposite party issued a Transfer Certificate and Course completion certificate with the improper and illegal endorsement stating that the student’s conduct and character “Not Satisfactory” . Had the conduct and character of the complainant was really not satisfactory, the 1^st opposite party could have stated the same in the counter filed by the 1^st opposite party in the writ petition pending before the Hon’ble High Court. It is an undisputed fact that the 1^st opposite party has not stated by way of counter in the writ petition stating that the conduct and character of the complainant, in the writ petitioner therein was ‘not satisfactory’. There is no iota of evidence or materials on the side of the 1^st opposite party to justify the unreasonable entry made in the Transfer Certificate and course completion certificate, stating the conduct and character of the complainant, ‘not satisfactory’.

     

16. There is no valid reason for of the 1^st opposite party to issue the Transfer Certificate and Course completion certificate to the complainant with the entry stating that the conduct and character of the student“Not Satisfactory”. It is clear that the 1^st opposite party has stated that the complainant’s character and conduct was not satisfactory in the transfer certificate and the course completion certificate since the complainant had approached the Hon’ble High court by way of filing writ petition seeking judicial redressal. Hence the improper attitude of the 1^st opposite party is highly condemnable. As stated in the consumer complaint and written argument of the complainant, the aforesaid unwarranted and improper entry made by the 1^st opposite party stating his conduct and character not satisfactory has spoiled the complainant’s career and also his future for no fault of him.

     

17. In view of the judgment rendered by the Hon’ble High court in the writ appeal No. 2547/2012 dated 31.1.2013, after making payment of Rs.75,000/- by the complainant to the 1^st opposite party, he was entitled to get,No objection certificate and other certificates such as Transfer certificate and course completion certificate. After receiving the amount as per the judgment of the High Court, the 1^st opposite party has issued Transfer Certificate and course completion certificate with unwarranted and illegal entry, so as to spoil the future of the complainant, a medical student. In our view, it is a clear deficiency of service and also unfair trade practice which has been established by the complainant as against the 1^st opposite party, under the consumer Protection Act. The 2^nd opposite party, the Tamil Nadu Dr.M.G.R University was set exparte, due to non-appearance. Though the non-appearance of the university is improper, we could find no deficiency of service or unfair trade practice as against the 2^ndopposite party, therefore we answered the point for determination No.1 in favour of the complainant and only against the 1^st opposite party.

18. Point No.2:-

In view of the judgment rendered by the Hon’ble High court in the Writ Appeal No. 2547/2012 dated 31.1.2013, the complainant herein has paid Rs.75,000/- to the 1^st opposite party and the complainant has also paid a further sum of Rs.12,000/-, Rs.15,000/- and Rs.3000/- as claimed by the first opposite party as per Ex.A.18 to A.20. However the 1^st opposite party without considering the future of the complainant, merely because the complainant had approached the Hon’ble High Court by way of filing the writ petition seeking transfer to CMC Vellore in order to victimize him has issue the Transfer certificate and course completion certificate with the improper and unsustainable entry that the student’s conduct and character “Not Satisfactory”, so as to spoil the future of the complainant.

19.  It is well settled that in a democratic country no authority is empowered to act against the law or misuse the authority, since no one is above the Law and further the Educational Institutions should have broad mindedness towards the students, as they are the pillars of the Nation. In the instant case, the issuance of transfer certificate and course completion certificate for the complainant, stating that his conduct and character  “Not Satisfactory” , so as to spoil the future of the complainant is totally unwarranted, biased which cannot be accepted by any reasonable prudent man.  As contended by the learned counsel appearing for the complainant, on account of the aforesaid improper entry made in the transfer certificate and the Course Completion certificate,  the 1^st opposite party has totally spoiled  two years of the precious life time of the complainant apart from spoiling  his future in the medical profession for no fault of him. On the facts and circumstances, the complainant has sought a direction against the 1^st opposite party to pay compensation of Rs.30 lakhs for the mental agony , loss and sufferings caused by the 1^st opposite party apart from litigation expenses. Having gone through the evidence and the arguments advanced by both sides, we are of the considered view that the opposite party has not only caused deficiency of service but also followed unfair trade practice against the complainant.

     

20. We make it clear that no education institutions should treat the students as enemies and make them victims on trivial reasons, as the same would be highly condemnable. In the instant case though there was no fault on the part of the complainant, merely because he had filed writ petition seeking judicial redressal before the Hon’ble High court of Madras, he has been victimized by the 1^st opposite party by issuing Transfer Certificate and course completion certificate stating that the conduct and character of the student, not satisfactory without any basis, after receiving the amount from the complainant as directed in the writ appeal.

    21. On the said facts and circumstances, we hold that the complainant is entitled to the relief sought for against the 1^st opposite party and accordingly direct the 1^st opposite party to pay a sum of Rs.20 lakhs to the complainant as compensation for mental agony, loss and sufferings caused to the complainant by the first opposite party and also Rs.10,000/- towards litigation expenses.

22. We also make it clear that in addition to the compensation, the 1^st opposite party shall issue proper corrected Transfer certificate and course completion certificate to the complainant stating that the conduct and character of the complainant “Satisfactory” to meet ends of justice, within one month from the date of receipt of a copy of this order, since the entry made in the certificate stating “Not satisfactory” is totally baseless, unreasonable biased and unsustainable in law.

In the result, this complaint in allowed and the 1^st opposite party is directed to pay Rs. 20 lakhs towards compensation for deficiency of service and for mental agony and to pay Rs.10,000/- towards litigation expenses to the complainant.

      The entire amount awarded shall be paid within one month from the date of receipt of a copy of this order, failing which the amount shall carry interest at the rate of 9% p.a from the date of complaint till the date of realisation.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us on this the 14^th  day of August 2019.

S.M.LATHA MAHESWARI                     K. BASKARAN             S. TAMILVANAN                                                             

           MEMBER                                  JUDICIAL MEMBER.          PRESIDENT